Ireland

The facts are not in dispute. They may be briefly stated as follows: That respondent and her husband were residents of Grand Forks, North Dakota. Dr. Marsden, the appellant, and his family were formerly residents of the same city and had been neighbors of the respondent and her husband for many years. Respondent and her husband were visiting in California. On Thursday preceding February 5, 1927, respondent went to La Jolla to visit her old neighbors and friends for a day or two. There was to be a picnic of the former residents of North Dakota, to be held in Sycamore Grove, Los Angeles, February 5, 1927, and by prearrangement Dr. Marsden and family and respondent were to attend this picnic. On the morning of February 5, 1927, Dr. Marsden, Mrs. Marsden, their son Paul and the respondent left La Jolla by automobile for Sycamore Grove. Dr. Marsden was driving. Paul was sitting in the front seat. Mrs. Marsden and the respondent occupied the rear seat. The automobile was a Willys-Knight sedan, practically new. The route chosen was a main paved highway. An accident occurred in which Mrs. Ireland was injured. The place of the accident was at Irvine, near Santa Ana, California, on a paved…